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Creating an anti-corruption norm in Africa: Critical reflections on legal instrumentalization for development

Author

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  • Ocheje Paul D.

    (Faculty of Law, University of Windsor, Ontario, Canada, N9B 3P4)

Abstract

This article reflects critically on the instrumental value of law in the anti-corruption struggle in Africa. Three questions are central to this reflection: (a) Is the instrumental use of law to achieve a developmental purpose, such as anti-corruption, defensible in theory and practice? (b) Is law necessary to, and/or adequate for, the creation of an anti-corruption norm? (c) Why do the developing countries perform so poorly in the fight against corruption in comparison with their wealthier, industrialized counterparts? While the article defends the instrumentalization of law in this regard, it argues that the African normative context of corruption throws up peculiar challenges. The article suggests that these challenges must be confronted in order to liberate the full potential of law in the struggle against corruption.

Suggested Citation

  • Ocheje Paul D., 2017. "Creating an anti-corruption norm in Africa: Critical reflections on legal instrumentalization for development," The Law and Development Review, De Gruyter, vol. 10(2), pages 477-496, October.
    • Handle: RePEc:bpj:lawdev:v:10:y:2017:i:2:p:477-496:n:9
    DOI: 10.1515/ldr-2017-0022
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    References listed on IDEAS

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    4. Mungiu-Pippidi,Alina, 2015. "The Quest for Good Governance," Cambridge Books, Cambridge University Press, number 9781107534575, October.
    5. Finnemore, Martha & Sikkink, Kathryn, 1998. "International Norm Dynamics and Political Change," International Organization, Cambridge University Press, vol. 52(4), pages 887-917, October.
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